Wondering how to get power of attorney for elderly parent with dementia can feel overwhelming. You might face many questions and concerns as you try to ensure your loved one receives the best care possible. Dementia adds complexity to the situation, making it crucial to understand the steps involved and the legalities you must navigate.
First, let’s acknowledge how challenging this journey can be. You’re likely dealing with emotional stress and the practicalities of caring for someone with dementia. We’re here to guide you through this process, providing clear and comprehensive information to help you make informed decisions.
Understanding power of attorney (POA) is essential. This legal document allows you to make decisions on behalf of your parent. With a POA, you can manage their financial, medical, and personal affairs properly. Without it, you might find it difficult to handle their affairs, especially as their cognitive abilities decline.
By the end of this guide, you will feel more confident and equipped to handle this critical responsibility. Let’s dive in together and make this process as smooth and manageable as possible.
Understanding Incapacity of a Family Member
Dementia is a progressive condition that affects memory, cognition, and daily functioning. As dementia causes cognitive abilities to decline, your parent may eventually be unable to make sound decisions. They may struggle with their finances, healthcare, and overall well-being.
When dementia makes it difficult for your parent to understand information and make sound decisions, they are considered incapacitated. Incapacitated is a legal term meaning they can no longer legally make healthcare or financial decisions for themselves.
This change in their memory and cognition can be emotionally overwhelming for both your loved one and your whole family. Without proper planning, you will eventually require court involvement to gain control of the situation.
But, there’s still some good news. Thoughtful estate planning can ensure that your loved one is cared for by the people they know and trust. Even if your parent has dementia, they may create a legally binding estate plan during the early stages of the disease.
Estate Planning In The Early Stages of Dementia
Every adult should create certain legal documents to protect their rights and wishes. This is no different for a loved one with a dementia diagnosis.
However, in order to create a legal document, you need to have mental capacity. This means you need to be fully aware of what you are doing and the consequences of your choices.
Thankfully, a person does not need to constantly be in a state of capacity to create an estate plan. As long as your loved one has the mental capacity when signing their estate plan documents, the documents are valid. The documents remain valid even if they regress into a state of incapacity afterward.
It’s best to plan long before any health problems surface. In the early stages of dementia, your loved one should create or update all of their estate planning documents.
How to Get Power of Attorney for Elderly Parent with Dementia
A General Durable Power of Attorney (POA) is a legal tool allowing your loved one to appoint someone to make financial and legal decisions for them. The POA agent can write checks, pay bills, maintain their home, and manage their financial assets.
This document becomes especially significant as dementia progresses. Encourage your loved one to designate a trusted individual as their financial Power of Attorney. It’s crucial they take action while they are still able to make such decisions.
Whether your parent is in the early stages or handling a later stage of dementia, we can help you find the solutions you need to care for your elderly parent. Get in touch with us at The Law Offices of Jarrett R. McCartney to find the answers you need.
A Revocable Living Trust
A General Durable Power of Attorney is an important tool. However, many financial institutions place constraints on the use of a POA or don’t acknowledge their authority at all. Ensure your loved one has complete protection of their financial wishes by establishing a Revocable Living Trust. Then move their assets into the name of the Trust.
Creating a Trust document alone is not sufficient. Assets must be retitled, and beneficiary designations updated to ensure all assets are covered by the Trust. This makes it easy for the Successor Trustee to step in when necessary.
When creating a Trust, your parent names who they want to manage their assets when they are no longer able. This person is called the Trustee or Successor Trustee. The Trustee and Power of Attorney are often the same person, but not always.
Your parent will need to decide:
- Who should serve in what role?
- At what point will they give up control over their financial assets?
If you have any uncertainty whatsoever, please contact us at the Law Offices of Jarrett R. McCartney to discuss your situation.
It’s much better to have the right tools and people in place than wait until it’s too late. Once it’s too late, there is no other option but to go through burdensome court processes.
By having these two estate planning tools in place and the support of our proactive guidance, you can rest assured that the people your loved one knows and loves will be able to manage their assets for them as their dementia progresses.
People who take care of all of this before they begin to experience dementia are able to relax. They can let go of the anxiety because they know it’s been handled.
Power of Attorney for Healthcare
Similar to a General Durable POA, a Power of Attorney for Healthcare (HPOA) appoints someone to make medical decisions on behalf of your loved one when they are unable to do so for themselves.
Discussing and establishing a Healthcare Power of Attorney early on allows your loved one to express their medical preferences and ensures their wishes are honored.
Their Power of Attorney for Healthcare should also include a Declaration to Physicians, also called a Living Will, that outlines their desires regarding medical treatment, life support, and end-of-life care. Creating a Declaration to Physicians and discussing their wishes with you ensures that their preferences regarding life-sustaining treatment, resuscitation, and other medical interventions are documented and respected.
The economic burden of caring for a loved one with Alzheimer’s or advanced dementia can be significant – between $2,500 to more than $10,000/month is not unusual. The time to discuss these costs and what you or your loved one want is right now before dementia or Alzheimer’s makes it impossible to have any choice.
Plan As Early As Possible
One of the most crucial steps in preparing for the challenges of dementia is to help your loved one complete their estate planning while they still have the capacity to do so. Waiting until the later stages of the disease can limit their options and increase stress for everyone involved.
By addressing legal matters early on, you can ensure that your loved one’s wishes are respected and their affairs are managed in the way they intended, by the people they trust, without the need for court involvement.
How Can I Get Power of Attorney If My Parent No Longer Has Mental Capacity?
Facing the reality that your parent no longer has the mental capacity to grant power of attorney is challenging. When dementia has progressed to this point, the steps you need to take become more complex. Let’s walk through what you can do in this situation.
Understanding the Limits of the Power of Attorney Legal Document
If your parent can no longer understand or communicate their wishes, they can’t legally grant power of attorney. In such cases, you need to look at alternative legal solutions.
This often involves seeking guardianship or conservatorship through the court system. While this may seem daunting, it’s a necessary step to ensure their well-being.
Guardianship and Conservatorship
When your parent can’t make decisions for themselves, guardianship or conservatorship might be the best option.
Guardianship allows you to make personal and medical decisions for your parent, while conservatorship gives you authority over their financial matters.
To establish guardianship or conservatorship, you need to petition the court. This process includes providing evidence of your parent’s incapacity and demonstrating that you are the best person to take on this role. The court will then decide based on the information presented.
Working with elder law attorneys focused on guardianship matters can make all the difference in handling your case in court.
Steps to Take With Your Elder Law Attorney Focused On Guardianship
- Consult with a Guardianship Attorney: It’s essential to get legal advice from someone who understands the law to understand your rights and responsibilities fully. An elder law attorney can guide you through the process, helping you gather the necessary documentation and preparing you for court.
- Prepare Documentation: You will need medical records, financial statements, and any other relevant documents that prove your parent’s condition and your capability to act in their best interest.
- File a Petition: Your attorney will help you file a petition with the court to request guardianship or conservatorship. This petition includes detailed information about your parent’s condition and your relationship with them.
- Attend the Court Hearing: A judge will review your petition and may ask for additional information or testimony. It’s crucial to be prepared and present your case clearly, focusing on your parent’s needs and your ability to meet them.
Post-Guardianship Responsibilities
Once you are granted guardianship or conservatorship, your responsibilities include managing your parents’ care and finances. This involves making medical decisions, handling their assets, and ensuring their daily needs are met.
You are also required to regularly update the court on your parents’ condition and your actions.
Why This Matters
Navigating this process is about ensuring your parent receives the care and protection they need. It’s a significant responsibility, but taking these steps will provide peace of mind, knowing you are doing everything possible for their well-being. By understanding your options and following the legal procedures, you can effectively manage this challenging situation.
Let’s work together to ensure your parent gets the care they deserve, even when dementia makes it impossible for them to grant power of attorney.
We Can Help
At The Law Offices of Jarrett R. McCartney, we focus much of our practice on elder law issues such as estate planning for dementia and guardianship proceedings. We also help families handle the estate once a loved one passes away. Let’s explore how we can assist you during these challenging times.
Comprehensive Estate Planning for Dementia
If your loved one is in the early stages of dementia, it’s crucial to start planning now.
We assist in creating essential legal documents such as living trusts, power of attorney, and advance directives. These documents ensure that a trusted family member can make medical and financial decisions when your loved one is no longer capable.
Our team helps you understand the importance of a living will and how it works alongside a healthcare provider’s guidance. By preparing these documents early, we can help ensure your loved one’s wishes are respected and their best interests are protected.
Guardianship and Conservatorship
When a dementia patient can no longer make their own decisions and is not mentally competent to grant power of attorney, guardianship or conservatorship may be necessary. This process can be time-consuming, but it’s often essential to manage their affairs effectively.
We guide you through the legal steps, from filing a petition with the local court to representing your case in front of a judge. Our goal is to help you gain the legal capacity to make important decisions for your loved one, ensuring they receive the care and financial management they need.
Estate Administration
Handling the estate of a loved one who has passed away involves navigating complex legal and financial tasks. We provide compassionate and thorough support to help you manage these responsibilities.
From probate proceedings to distributing assets according to the will, we ensure that every detail is handled with care and precision.
Personalized Legal Guidance
Every family situation is unique, and we tailor our services to meet your specific needs. Whether you need assistance with drafting an attorney designation document or advice on dealing with a medical crisis, we are here to help.
Our approach is to provide clear, empathetic, and practical legal guidance, ensuring you feel supported every step of the way.
Supporting You and Your Family
We understand that caring for aging parents or a loved one with Alzheimer’s disease or dementia can impact your own life significantly. Our aim is to alleviate some of that burden by taking care of the legal aspects, allowing you to focus on providing the emotional support your family needs.
At The Law Offices of Jarrett R. McCartney, we are dedicated to helping you navigate these challenging times with confidence and peace of mind.
Let’s work together to ensure your loved ones are cared for, and their wishes are honored. Reach out to us today to discuss how we can assist you and your family.